JAGMOHAN SINGH versus STATE OF PUNJAB & ORS.

JAGMOHAN SINGH versus STATE OF PUNJAB & ORS.

On facts, since appellant's request for transfer and extension was not properly considered and similar relief has been granted in other cases, justice requires reconsideration. Matter remitted to Revisional Authority for fresh consideration.

Parties
Appellant: Jagmohan Singh; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
29 April 2008
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal disposed of; judgments set aside; matter remitted to Revisional Authority for fresh consideration.
Legal Topics
Forfeiture of Earnest Money, Allotment of Plots, Principles of Natural Justice, Extension of Time, Review Jurisdiction

Case Brief

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Parties

Jagmohan Singh

Appellant

State of Punjab & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

  1. 1 Whether the forfeiture of earnest money for failure to deposit balance within stipulated time was justified
  2. 2 Whether principles of natural justice apply to the applicant in allotment proceedings
  3. 3 Whether differential treatment was accorded to similarly situated applicants

Ratio Decidendi

On facts, since appellant's request for transfer and extension was not properly considered and similar relief has been granted in other cases, justice requires reconsideration. Matter remitted to Revisional Authority for fresh consideration.

Court Disposition

Appeal disposed of; judgments set aside; matter remitted to Revisional Authority for fresh consideration.

Orders

  • Impugned judgments set aside.
  • Case remitted to Revisional Authority for reconsideration in light of prior orders.